Damon v. State

McClendon, c. j.

Appeal from a judgment of the county court in condemnation proceedings awarding the state a right of way for road purposes across the farm of appellant.

The sole ground upon which the appeal is based is the contention by appellant that the undisputed evidence shows that a portion of ¡the land embraced in the condemnation proceedings was a cemetery and was therefore dedicated to a public use and not subject to condemnation.

The controlling facts follow: The land in suit is a strip 100 feet wide across the south side of appellant’s property. The statutory requirements leading up…